Research On The Juvenile Criminal Record Storage System

The juvenile criminal record storage system refers to the minors to be convicted who meet the rule of the law,their criminal record would be closed by government offices,in addition to the judicial organs working needs or relevant units in accordance with the query may not make public,to eliminate the criminal records to bring a minor the adverse effect of "Crime label",reducing the resistance of their smooth returning to society.In 2012,our country's the newly revised "Criminal Procedure Law of the People's Republic of China"(abbreviated as the "Criminal Procedure Law")has formally established this system in article 275.It reflects our country's policy about “education,persuasion and redemption”and“education-oriented,punishment-supplemented” in dealing with juveniles' criminal record,particularly to protect the interests of minors,to help them eligible to return to society.Our country begins to explore the juvenile criminal record processing way in the early 2003.Comparison of international treaties,the provisions of extra-regional countries,as well as our country's judicial practice,we can see that the system still has some problems in specific operational level,but in the long run,it has the necessity and feasibility to be established.As the new "Criminal Procedure Law" only has one article to provide the juvenile criminal record storage system,it only simply introduces the types of the system and the requirement for store.There are lack of specific operational rules.Combined with some problems in our judicial practice experience,this paper summarizes the four defects of the system: the system's scope is too narrow,there is a conflict between the law,complex inquiry and keeping subject,the lack of specific procedural rules.To solve the defects,in the last part of the paper puts forward some perfecting suggestions.Firstly,expanse the suitable range of the system to all minors,and provides the corresponding exclusion range.Secondly,resolve conflicts between the relevant laws.Thirdly,establish a separate records management system.Finally,to perfect the program,according,building start up,accepting,ruling,inquiry and supervision procedures.